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Rochmat Aldy Purnomo
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INDONESIA
Legal Standing : Jurnal Ilmu Hukum
ISSN : 25808656     EISSN : 25803883     DOI : -
Core Subject : Social,
Legal Standing : Jurnal Ilmu Hukum adalah jurnal ilmiah berkala yang diterbitkan oleh Fakultas Hukum Universitas Muhammadiyah Ponorogo dua kali setahun pada bulan Maret dan Desember. Redaksi Legal Standing : Jurnal Ilmu Hukum menerima naskah artikel laporan hasil penelitian empirik dan naskah hasil kajian teoritis yang sesuai dengan visi Legal Standing : Jurnal Ilmu Hukum tentang Hukum Pidana, Perdata, Tata Negara, Tata Usaha Negara, Hukum Adat, Hukum Islam, Sosiologi Hukum, teori hukum, Hukum Agraria, Filsafat Hukum, Hukum dan Korupsi, Hukum Lingkungan, Pemerintahan Daerah, Hukum Perkawinan, Hukum Acara Pidana dan Perdata, Hukum dagang dan Perbankan, Hukum dan ITE, Konstitusi, Hukum Pidana Khusus, Kebijakan Publik, Politik Hukum dan Victimology
Arjuna Subject : -
Articles 555 Documents
Pertanggungjawaban Perusahaan Kelapa Sawit Atas Kerusakan Jalan Kabupaten Perspektif Maslahah Mursalah Sari, Emilia; Adly, Muhammad Amar
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11559

Abstract

PT Perkebunan Nusantara (PTPN) IV Tinjowan is a palm oil company that has the responsibility to improve the welfare of the community around the plantation in various aspects. Research at PT Perkebunan Nusantara (PTPN) IV Tinjowan focuses on priorities for the community around the palm oil plantation, because this company is engaged in the economy. However, there are obstacles in the implementation of some of the company's programs, especially in the infrastructure sector. The method used in this study was a direct field survey and structured interviews with village officials. The field survey was conducted to see the condition of road damage (traffic), while structured interviews were conducted with local village officials, namely parties in the community who are considered to have knowledge and know in detail about the programs that have not been running. The results of the study showed that the PTPN IV Tinjowan program had not been implemented properly in the field of road infrastructure (traffic). There were several programs that had not been evenly distributed throughout the community, so further socialization was needed.
Peranan Pejabat Pembuat Akta Tanah dalam Pelaksanaan Transformasi Digital Layanan Pertanahan melalui Sertipikat Tanah Elektronik Auliani, Intan Rifka; Roisah, Kholis
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11571

Abstract

This study aims to examine the readiness and obstacles to the implementation of digital transformation of land services through electronic land certificates in Indonesia, especially related to the role and authority of PPATs towards this policy. This study uses a normative juridical approach, namely a research study based on statutory regulations. The data source used is secondary data. The results show that PPATs have a role in maintaining the validity and security of land transactions through the making of valid land deeds. The existence of electronic land certificates is an effort to resolve land disputes and assist the role of the PPAT in facilitating the digitization process of land administration services such as helping to improve data security, transparency and validity, and reduce duplication or forgery of land certificates. However, there are several challenges in its implementation, such as the readiness of technological infrastructure, data security, and limited human resources skilled in information technology. By understanding the role and challenges faced by PPATs, this study provides recommendations for improving the process of issuing electronic land certificates and supporting the government's efforts to improve more modern and efficient land services in Indonesia.
Pemodelan Rehabilitasi Sosial pada Pecandu Narkotika Chaidar, Muhamad; Kusnadi, Sekaring Ayumeida; Alfadani, Ahmad Zakariyah; Lystiadi, Intan Predita
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11577

Abstract

The abuse of narcotics in Indonesia has become a serious social issue, which not only impacts individual health but also creates widespread social and economic disturbances. One of the solutions implemented to address this problem is social rehabilitation for drug addicts, aimed at reintegrating individuals into positive and productive social roles. This article discusses the modeling of social rehabilitation for drug addicts from a legal perspective, referring to Law Number 35 of 2009 concerning Narcotics, which regulates the provision of rehabilitation as an alternative to punishment for drug users. The social rehabilitation model involves several stages, including assessment, medical and psychosocial rehabilitation, and social reintegration into the community. Additionally, the legal approach applied must prioritize the principles of restorative justice, aimed at restoring relationships between addicts, the community, and victims, as well as reducing the negative stigma against addicts. However, the implementation of social rehabilitation also faces challenges, such as social stigma, limited resources, and ineffective coordination among law enforcement agencies, rehabilitation institutions, and the community. This article concludes that a social rehabilitation model based on human rights principles, restorative justice, and comprehensive support from various parties can accelerate the recovery of drug addicts and facilitate their reintegration back into society.
Constitutional Implications of Abolishing the Presidential Threshold on Democracy and the Electoral System in Indonesia Mau, Hedwig Adianto
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11579

Abstract

The Constitutional Court's Decision No. 62/PUU-XXII/2024, which nullified the application of the presidential threshold in Indonesia’s presidential and vice-presidential elections, represents a transformative development in the country's electoral framework. This research investigates the legal and political ramifications of the ruling, particularly its impact on democratic practices and the structure of the electoral system in Indonesia. Employing a normative juridical approach, the study explores the constitutional justification for eliminating the threshold, assesses its effects on political inclusiveness, and examines its implications for governmental stability. The results suggest that eliminating the presidential threshold may strengthen democratic processes by enabling broader candidate participation and encouraging a more competitive political environment. Nevertheless, the absence of such thresholds could also lead to heightened political fragmentation, potentially resulting in a more divided electoral arena. From a regulatory standpoint, this shift demands careful revision of electoral procedures to maintain administrative efficiency and uphold the integrity of election outcomes. This research contributes original insights by being among the first to critically assess the legal reasoning of the Constitutional Court’s decision in the context of Indonesia’s evolving democratic architecture. It highlights the tension between normative constitutional ideals and practical governance needs, offering a nuanced interpretation that bridges theory and institutional realities. However, the study is limited by its focus on normative and doctrinal analysis without incorporating empirical data from political actors or voter behavior post-ruling. In conclusion, the abolition of the presidential threshold introduces a multifaceted impact on Indonesia's democratic development and electoral integrity, warranting further scholarly inquiry into regulatory frameworks that can harmonize openness with governance efficacy post-ruling.
Keselarasan Konstitusionalitas Program Pensiun Tambahan dalam Kerangka Hukum Pengembangan dan Penguatan Sektor Keuangan Rasidi, Ameliya; Alfath, Tahegga Primananda
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11592

Abstract

The additional pension program mandated in Article 189 paragraph (4) of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (UU PPSK) aims to improve old-age protection for workers and harmonize existing pension programs. However, the discourse on wage deductions to pay additional pension contributions has raised concerns among workers, especially those with middle to lower incomes. This study examines the constitutionality of the additional pension program and the forms of legal protection for people who are unable to pay contributions. The research method used is normative legal research with a statutory and conceptual approach. The results show that the additional pension program has the potential to conflict with citizens' constitutional rights to social security and decent work. Legal protection for people who are unable to pay contributions can be carried out through government supervision, administrative sanctions, and efforts to restore participant rights. However, the implementation of the additional pension program still faces significant challenges, such as weak fundamental economic conditions and potential overlap with the existing social security system. Regulatory harmonization, strengthening supervision, and focusing on optimizing existing programs are needed to ensure the effectiveness of pension programs in ensuring the welfare of all Indonesian workers.
Analisis Keputusan Kpu Nomor 789 Tahun 2024 Tentang Penetapan Daftar Calon Tetap Anggota Dpd Dapil Sumatera Barat Perspektif Siyasah Dusturriyah Sopian, Sopian; Khalid, Khalid
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11601

Abstract

The purpose of this article aims to clarify the Decree of the General Election Commission (KPU) of the Republic of Indonesia No. 789 of 2024 concerning the Determination of the Permanent Candidate List for DPD RI Members for the Electoral District of West Sumatra Against the Decision of the Constitutional Court No. 03-03 / PHPU.DPD-XXII / 2024 and to clarify the Decree of the KPU RI No. 789 of 2024 in the Perspective of Fiqh Siyasah. . The writing method uses a normative approach and data collection techniques using literature studies. This article is descriptive and aims to solve problems. Based on the analysis, this article found that the KPU RI Decree resulted in a loss of constitutional rights for Irman Gusman to be able to participate in the general election contest for DPD RI Members for the West Sumatra Electoral District. This happened because of the KPU's error in interpreting the PKPU and the Law on Elections. Second, the KPU's non-compliance with the Jakarta PTUN Decision resulted in the law in the DPD RI general election for the West Sumatra electoral district so that Irman Gusman was canceled as a Permanent Candidate List for DPD RI Members in the 2024 General Election. Third, from the perspective of Fiqh Siyasah which includes political rights, it is basically an effort to prevent former candidates from committing the same acts in the future. Fourth, the Constitutional Court's decision to hold a re-vote for the election of DPD RI Members for the West Sumatra Electoral District in the 2024 Election is basically to uphold justice and provide Irman Gusman's Constitutional Rights which have been violated by the cancellation of the KPU RI.
Dampak Alih Fungsi Lahan Pertanian Menjadi Lahan Kering Sanjesti, Winidya; Silviana, Ana
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11650

Abstract

Conversion of agricultural land to dry land is a crucial issue in the context of sustainable development and food security in Indonesia. This change is triggered by various factors, including urbanization, industrialization, and economic pressure on agricultural land. This study aims to analyze the impact of land conversion on environmental, social, and economic aspects. The method used is secondary data analysis from various relevant sources. The results of the study indicate that this change causes land degradation, characterized by decreased soil fertility, increased risk of erosion, and reduced biodiversity. From a social perspective, land conversion contributes to a decrease in farmers' welfare due to decreased agricultural productivity and their income. In addition, the reduction in agricultural land also has a negative impact on local food security and encourages migration to urban areas in search of better sources of livelihood. Economically, land conversion can increase land value and open up new investment opportunities, but it is often not profitable for small farmers who lose their sources of livelihood. Therefore, a sustainable land management strategy is needed through policies that are oriented towards a balance between development needs and natural resource conservation. Collaboration between the government, local communities, and the private sector is key to overcoming the negative impacts of land conversion and maintaining food security and community welfare in the future.
Efektivitas Penyelesaian Hukum Akibat Sound Horeg Melalui Restoratif Justice Parikesit, Dhana Harliza Putri; Romadhon, Ahmad Heru; Gunawan, Bambang Panji
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11654

Abstract

This research aims to examine the effectivenessof legal settlements regarding the nouise disrtubances caused by sound horeg through  a restorative justice approach . sound horeg refers to high-decibel audio devices used in community events such as birthdays, circumcisions, and carnivals. Excessive and unregulated use of these devices often disturbs public comfort and order. This can be considered an unlawful act, as it violates established noise level thresholds and infringes on the public’s right to a peaceful and healthy environment. The research adopts a normative juridical method with statutory and conceptual approaches. Data sources include literature review of relevant regulations such as the Criminal Code, Law No. 32 of 2009 on Environmental Protection and Management, and Ministerial Regulations on noise level standards. Secondary data were obtained from articles, news reports, community complaints, and scientific journals. The findings show that a restorative justice approach is more effective in resolving legal issues related to sound horeg compared to repressive methods. Restorative justice emphasizes deliberation, restoration of social relations, education for offenders, and continuous supervision. This approach helps minimize social conflict, enhances legal awareness in the community, and supports the creation of sustainable public order.
Karakteristik Sistem Pembagian Waris Keluarga Dayak Muslim Lestari, Indah; Syaikhu, H; Patrajaya, Rafik
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11660

Abstract

Inheritance practices between Muslim Dayak families can be handed over to the majority without regard to differences in religion and gender. This indirectly shows that there are values that are maintained by Muslim Dayak families in the distribution of inheritance so that this happens. This research is a type of empirical research with a legal sociology type and approach socio-legal with qualitative data analysis methods. The results of the research show that the implementation of inheritance distribution in Muslim Dayak families applies three main points, namely Budaya Damai, Tradisi Hakakat and implement the principles Belom Bahadat namely maintaining the value of the inheritance system used so as to create a characteristic, namely applying equality, so that Dayak Muslim inheritance can be in harmony with Islamic law.
Kajian Yuridis Terhadap Pembatalan Akta Hibah Akibat Penghibah Jatuh Miskin Jadidyah, Havida; Priyono, Ery Agus
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11710

Abstract

A grant is a form of legal agreement in Indonesian civil law, as regulated in the Civil Code (KUHPerdata). However, in practice, a grant can cause legal problems if there is a change in circumstances on the part of the grantor (grantor), especially if the person concerned experiences economic decline to the point of poverty. This study aims to examine whether the qualifications of the state of poverty experienced by the grantor in the Judicial Review Decision Number: 336/PK/Pdt/2016 are legally appropriate, and to analyze the legal consequences of the cancellation of a deed of gift through a court lawsuit. This study is a normative legal study with a statutory approach and a conceptual approach. The nature of this study is descriptive analysis, with the main data sources in the form of primary and secondary legal materials, which are analyzed qualitatively. The results of the study indicate that Article 1688 paragraph (3) of the Civil Code does open up space for the cancellation of a grant if the grantor falls into poverty, but does not provide a definite measure regarding the limits of "falling into poverty". In the judge's considerations, this assessment is still subjective and is determined based on the judge's belief in the facts presented in court. The legal consequences of the cancellation of a deed of gift are basically a form of legal protection for the grantor who experiences losses or injustice due to the granting of the gift. This study contributes to the development of a normative understanding of legal protection for grantors and the importance of clearer regulations regarding the criteria for falling into poverty in the context of grant cancellation.